State v. Suarez

District Court of Appeal of Florida

State v. Suarez

821 So. 2d 1119, 2002 Fla. App. LEXIS 8222, 2002 WL 1285059

CourtDistrict Court of Appeal of Florida

DecidedJune 12, 2002

DocketNo. 3D01-1920

StatusPublished

This text of 821 So. 2d 1119 (State v. Suarez) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Suarez, 821 So. 2d 1119, 2002 Fla. App. LEXIS 8222, 2002 WL 1285059 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

After it properly denied Defendant’s Motion to Correct Illegal Sentence under Florida Rule of Criminal Procedure 3.800, the trial court erroneously decided to treat Defendant’s Motion as a timely Rule 3.850 Motion pursuant to Wood v. State, 750 So.2d 592 (Fla.1999), and found that a prima facie case was made that required an evidentiary hearing on the Defendant’s allegations. The Defendant correctly concedes that the trial court erred in ruling that Wood applied to him. See Walker v. State, 799 So.2d 275, 276 (Fla. 2d DCA 2001).

Accordingly, we reverse the Order under review and remand with directions to enter an order denying Defendant’s Motion pursuant to Rule 3.800.

Reversed and remanded with directions.

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PER CURIAM.

After it properly denied Defendant’s Motion to Correct Illegal Sentence under Florida Rule of Criminal Procedure 3.800, the trial court erroneously decided to treat Defendant’s Motion as a timely Rule 3.850 Motion pursuant to Wood v. State, 750 So.2d 592 (Fla.1999), and found that a prima facie case was made that required an evidentiary hearing on the Defendant’s allegations. The Defendant correctly concedes that the trial court erred in ruling that Wood applied to him. See Walker v. State, 799 So.2d 275, 276 (Fla. 2d DCA 2001).

Accordingly, we reverse the Order under review and remand with directions to enter an order denying Defendant’s Motion pursuant to Rule 3.800.

Reversed and remanded with directions.

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Bluebook (online)

821 So. 2d 1119, 2002 Fla. App. LEXIS 8222, 2002 WL 1285059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-suarez-fladistctapp-2002.

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